Chapter 4783-7 Disciplinary Action

(1)
Purpose. The
rules of professional conduct constitute the standards against which the
required professional conduct of a certified Ohio behavior analyst is
measured.

(2)
Scope. The rules of professional conduct shall apply
to the conduct of all certified Ohio behavior analysts, including the
applicant's conduct during the period of any education, training or employment
that is required for certification. The term "certified Ohio behavior analyst"
as used within these rules of professional conduct, shall be interpreted
accordingly, whenever applied behavior analysis is being provided in any
context.

(3)
Violations. A violation of the rules of professional
conduct constitutes unprofessional conduct and is sufficient reason for a
reprimand, suspension or revocation of a certificate, or denial of either
original certification or request for reinstatement of
certification.

(4)
Aids to interpretation. Ethics codes and standards for
providers promulgated by the "Behavior Analyst Certification Board" the
"American Psychological Association," and other relevant professional groups
shall be used as aids in resolving ambiguities that may arise in the
interpretation of the rules of professional conduct, except that these rules of
professional conduct shall prevail whenever any conflict exists between these
rules and any professional association or certification board
standard.

(5)
A certified Ohio behavior analyst, or an applicant for
certification, shall provide a written response within a reasonable period of
time not to exceed sixty days to any written inquiry, regarding compliance with
law or rule, received from the board.

(1)
A certified Ohio behavior analyst shall be considered negligent if his/her
behaviors toward his/her clients, supervisees, service recipients, employees,
students, or any person with who there is a signed attestation required in
paragraph (5) of rule 4783-6-02, in the judgment of the board, clearly fall
below the standards for acceptable practice of applied behavior
analysis.

(2)
Misrepresentation of qualifications. The certified
Ohio behavior analyst shall not misrepresent directly or by implication his/her
professional qualifications.

(3)
Misrepresentation of affiliations. The certified Ohio behavior analyst shall
not misrepresent directly or by implication his/her affiliations or the
purposes or characteristics of institutions and organizations with which the
certified Ohio behavior analyst is associated.

(4)
A certified Ohio
behavior analyst shall not request or authorize any client to solicit business
on behalf of the certified Ohio behavior analyst.

(5)
A certified Ohio
behavior analyst associated with the development, promotion, or sale of
psychological devices, books, or other products shall ensure that such devices,
books, or products are not misrepresented as to qualities, performance or
results to be obtained from their use.

(iv)
The treatment plan and the functional assessment on
which the behavior plan is based.

(v)
The data
collected to ascertain the efficacy of the applied behavior analysis and any
subsequent modifications of the plan.

(vi)
Notation and
results of formal contacts with other providers, and

(vii)
Authorizations, if any, by the client for release of records or
information.

(b)
To meet the requirements of these rules, but not
necessarily for other legal purposes, the certified Ohio behavior analyst shall
ensure that each dated entry in the professional record is maintained for a
period of not less than five years after the last date of service rendered, or
not less than the length of time required by other regulations if that is
longer. The general record or a summary thereof shall be kept for period of not
less than twelve years after the last date of service rendered.

(c)
A certified Ohio
behavior analyst shall store and dispose of written, electronic, and other
records of clients in such a manner as to ensure their
confidentiality.

(d)
In the event a complaint has been filed, a certified
Ohio behavior analyst shall provide the original or a full copy of the client
file or other client-identifiable documents to the board upon request, provided
that the request is accompanied by a copy of a release signed by the
client.

(1)
Identification of the client: The term client is broadly applicable to whomever
the certified Ohio behavior analyst provides services whether an individual
person (service recipient), parent or guardian of a service recipient, an
institutional representative or a public or private agency, firm or
corporation.

(a)
When the service recipient is not the primary client, the
certified Ohio behavior analyst retains responsibility for the welfare of the
service recipient.

(b)
When there is a conflict of interest between the
service recipient, the client, the institution, agency firm or corporation, the
certified Ohio behavior analyst shall clarify the nature and direction of
his/her loyalties and responsibilities and keep all parties concerned informed
of his/her commitments.

(a)
The certified
Ohio behavior analyst conducts a functional assessment, as defined below, to
provide the necessary data to develop an effective behavior change program for
a client or service recipient.

(3)
Informed client.
When certified Ohio behavior analysts provide assessment, evaluation,
treatment, supervision, teaching, consultation, research, or other behavior
analytic services to an individual, group, or an organization, they use
language that is fully understandable to the recipient of those services and/or
to those responsible for the care of the individual service recipient.

(a)
Certified Ohio
behavior analysts provide appropriate information prior to service delivery
about the nature of such services and appropriate information about results and
conclusions.

(b)
The client must be provided on request an accurate,
current set of the certified Ohio behavior analyst's
credentials.

(c)
Clients must be informed of their rights and about
procedures to complain about professional practices of the certified Ohio
behavior analyst.

(a)
Clients have a
right to effective treatment (i.e., based on the research literature and
adapted to the individual client).

(b)
Clients have the
right to have the treatment plan explained clearly in terms appropriate to
their understanding and to be informed about alternative
treatments.

(c)
The certified Ohio behavior analyst explains treatment
plan modifications and the reasons for the modifications to the client and
obtains and documents consent to implement the modifications.

(d)
The certified
Ohio behavior analyst informs each client of the environmental conditions that
are necessary for the treatment plan to be effective.

(i)
If environmental
conditions preclude implementation of a treatment plan, the behavior analyst
recommends that other professional assistance (i.e., assessment, consultation
or therapeutic intervention by other professionals) be sought.

(ii)
If
environmental conditions hamper implementation of the treatment plan, the
behavior analyst seeks to eliminate the environmental constraints, or
identifies in writing the obstacles to doing so.

(e)
The certified
Ohio behavior analyst reviews and appraises the restrictiveness of alternative
interventions and always recommends the least restrictive procedures likely to
be effective in dealing with a behavior problem.

(f)
The certified
Ohio behavior analyst establishes understandable, objective, and measurable
criteria for the termination of the treatment plan and describes them to the
client or service recipient.

(g)
The certified
Ohio behavior analyst must obtain the client's approval of the treatment plan
procedures in writing before implementing them.

(5)
Stereotypes. A
certified Ohio behavior analyst shall not impose on a client any stereotypes of
behavior, values, or roles related to age, gender, religion, race, disability,
nationality, or sexual orientation that would interfere with the objective
provision of services to the client.

(6)
Termination. A
certified Ohio behavior analyst shall terminate a professional relationship
when it is reasonably clear that the client is not benefiting from the
relationship and shall make referrals to other services when
appropriate.

(7)
Referral. A certified Ohio behavior analyst shall make
an appropriate referral of a client to another professional when requested to
do so by the client.

(8)
Practicing while impaired. A certified Ohio behavior
analyst shall not undertake or continue a professional role when the judgment,
competence and/or objectivity of the certified Ohio behavior analyst is
impaired due to mental, emotional, physiological, pharmacological or substance
abuse conditions. If impaired judgment, competence and/or objectivity develops
after a professional role has been initiated, the certified Ohio behavior
analyst shall terminate the professional role in an appropriate manner, shall
notify the client or other relevant parties of the termination in writing and
shall assist the client, supervisee, or service recipient in obtaining
appropriate services from another professional.

(a)
A
certified Ohio behavior analyst shall make arrangements for another appropriate
professional to deal with the emergency needs of his/her clients during periods
of foreseeable absence from professional availability.

(b)
A certified Ohio
behavior analyst makes reasonable efforts to plan for continuity of care in the
event that services are interrupted by factors such as the certificate holder's
illness, unavailability, relocation, or death or the client's relocation or
financial limitations.

(c)
A certified Ohio behavior analyst entering into
employment or contractual relationships shall make reasonable efforts to
provide for orderly and appropriate resolution of responsibility for client
care in the event that the employment or contractual relationship ends, with
paramount consideration being given to the welfare of the
client.

(a)
All financial
arrangements shall be provided in writing to each client in advance of billing,
preferably within the initial session but no later than the end of the second
contact.

(b)
A certified Ohio behavior analyst shall not mislead or
withhold from any client, prospective client or third-party payer, information
about the cost of his/her professional services.

(c)
A certified Ohio
behavior analyst shall not exploit a client or responsible payer by charging a
fee that is excessive for the services performed or by entering into an
exploitative bartering arrangement in lieu of a fee.

(d)
The primary
obligation of a certified Ohio behavior analyst employed by an institution,
agency, or school is to persons entitled to his/her services through the
institution, agency or school. A certified Ohio behavior analyst shall not
accept a private fee or any other form of remuneration from such persons unless
the policies of a particular institution agency or school make explicit
provision for private work with its clients by members of its staff. In such
instances the client shall be fully apprised of available services and all
policies affecting him/her, prior to entering into a private professional
relationship with a certified Ohio behavior analyst.

(a)
A certified Ohio behavior analyst shall neither derive
nor solicit any form of monetary profit or personal gain as a result of his/her
professional relationship with clients or immediate ex-clients, beyond the
payment of fees for psychological services rendered. However, unsolicited token
gifts from a client are permissible.

(b)
A certified Ohio
behavior analyst shall not use his/her professional relationship with clients
or immediate ex-clients to derive personal gain, other than through fees for
professional services, for himself/herself, or for any other person, or for any
organization from the sale or promotion of a non-applied behavior analysis
related product or service.

(c)
A certified Ohio
behavior analyst shall neither give nor receive any commission, rebate or other
form of remuneration for referral of a client for professional services,
without full disclosure in advance to the client of the terms of such an
agreement.

(d)
A certified Ohio behavior analyst shall not bill for
services that are not rendered. However, he/she may bill for missed
appointments that the client did not cancel in advance, if the client has
previously received notice of this responsibility.

(E)
Multiple relationships. A multiple relationship exists when a certified Ohio
behavior analyst is in a professional role and is in another relationship with
the same person or entity or with an individual closely associated with the
person or entity. Depending on the timing and nature of one's interactions
before or after then establishment of a professional role, multiple
relationships can result in exploitation of others, impaired judgment by
clients, supervises and service recipients and/or impaired judgment competence
and objectivity of the certified Ohio behavior analyst. Certified Ohio behavior
analysts actively identify and manage interpersonal boundaries to ensure that
there is not exploitation of others and that professional judgment, competence
and objectivity with one' s professional role is not compromised.

(1)
In some
communities and situations, unavoidable interpersonal contacts can occur due to
cultural, linguistic, or geographical considerations. For purposes of this
rule, incidental contacts in the personal life of a certified Ohio behavior
analyst are not relationships.

(i)
Undertake a
professional relationship with persons with whom he/she has engaged in sexual
intercourse or other sexual intimacies; or

(ii)
Undertake a
professional relationship with persons with whom he/she has had a familial,
personal, social, supervisory, employment, or other relationship, and there is
resulting: exploitation of the person; or, impaired judgment, competence,
and/or objectivity in the performance of one's functions as a certified Ohio
behavior analyst.

(i)
Engage in sexual intercourse or other sexual
intimacies; or, verbal or nonverbal conduct that is sexual in nature with any
current client, any person closely associated with a current client, or
supervisee; or

(ii)
Establish any personal, financial, employment, or
other relationship with any current client, any person closely associated with
a current client, or supervisee and there is resulting: exploitation of the
person; or, impaired judgment, competence, and/or objectivity in the
performance of one's functions as a certified Ohio behavior
analyst.

(i)
Engage in sexual
intercourse or other sexual intimacies; or, verbal or nonverbal conduct that is
sexual in nature with any person with whom there has been a professional
relationship at any time within the previous twenty-four months;
or

(ii)
Enter into any personal, financial, employment or
other relationship (other than reestablishing a professional relationship) with
any person with whom there has been a professional relationship at any time
within the previous twenty-four months and there is resulting: exploitation of
the person; or, impaired judgment, competence, and/or objectivity in the
performance of one's functions as a certified Ohio behavior
analyst.

(d)
A certified Ohio behavior analyst shall not terminate
or interrupt a professional role with any person for the purpose, expressed or
implied, of entering into a sexual, personal, or financial relationship with
that person or any individual closely associated with that
person.

(e)
The prohibitions established in paragraphs (E)(2)(b)
and (E)(2)(c) of this rule extend indefinitely beyond twenty-four months after
termination of the professional relationship if the person, secondary to
emotional, mental, or cognitive impairment, remains vulnerable to exploitative
influence.

(1)
Certified Ohio behavior analysts' assessments, recommendations, reports, and
evaluative statements are based on information and techniques sufficient to
provide appropriate substantiation for their findings.

(2)
Certified Ohio
behavior analysts refrain from misuse of assessment techniques, interventions,
results, and interpretations and take reasonable steps to prevent others from
misusing the information these techniques provide.

(3)
Certified Ohio
behavior analysts recognize limits to the certainty with which judgments or
predictions can be made about individuals.

(4)
Certified Ohio
behavior analysts do not promote the use of behavioral assessment techniques by
unqualified persons, i.e., those who are unsupervised by experienced
professionals and have not demonstrated valid and reliable assessment
skills.

(5)
Certified Ohio behavior analyst must obtain the
client's approval in writing of the behavior assessment procedures before
implementing them.

(6)
Certified Ohio behavior analysts conduct a functional
assessment, as defined in paragraph (O) of Chapter 4783-3-01 of the
Administrative Code, to provide the necessary data to develop an effective
treatment plan.

(7)
Unless the nature of the relationship is clearly
explained to the person being assessed in advance and precludes provision of an
explanation of results (such as in some organizational consultation, some
screenings, and forensic evaluations), certified Ohio behavior analysts ensure
that an explanation of the results is provided using language that is
reasonably understandable to the person assessed or to another legally
authorized person on behalf of the client. Regardless of whether the
interpretation is done by the certified Ohio behavior analyst, or by
supervisees, behavior analysts take reasonable steps to ensure that appropriate
explanations of results are given.

(1)
Confidential information is information revealed by an
individual or individuals or otherwise obtained by a certified Ohio behavior
analyst, when there is reasonable expectation that it was revealed or obtained
as a result of the professional relationship between the individual(s) and the
certified Ohio behavior analyst. Such information is not to be disclosed by
certified Ohio behavior analyst without the informed consent of the
individual(s).

(a)
When rendering behavior analysis services as part of a
team or when interacting with other appropriate professionals concerning the
welfare of a client, a certified Ohio behavior analyst may share confidential
information about the client provided that reasonable steps are taken to ensure
that all persons receiving the information are informed about the confidential
nature of the information being shared and agree to abide by the rules of
confidentiality.

(b)
When any case report or other confidential information
is used as the basis of teaching, research, or other published reports, a
certified Ohio behavior analyst shall exercise reasonable care to ensure that
the reported material is appropriately disguised to prevent client or subject
identification.

(c)
A certified Ohio behavior analyst shall ensure that no
interview or therapeutic interventions with a client are observed or
electronically recorded without first informing the client or the client's
guardian and, where the sensitivity of the material requires it, obtaining
written consent from same.

(d)
A certified Ohio
behavior analyst shall limit access to client records and shall ensure that all
persons working under his/her authority comply with the requirements for
confidentiality of client material.

(e)
A certified Ohio
behavior analyst shall continue to treat all information regarding a client as
confidential after the professional relationship between the certified Ohio
behavior analyst and the client has ceased.

(f)
In a situation
in which more than one party has an appropriate interest in the professional
services rendered by a certified Ohio behavior analyst to a client, the
certified Ohio behavior analyst shall, to the extent possible, clarify to all
parties the dimensions of confidentiality and professional responsibility that
shall pertain in the rendering of services.

(i)
Such
clarification is specifically indicated, among other circumstances, when the
client is an organization or when the client has been referred by a third
party.

(ii)
In accord with paragraphs (C)(3) and (F)(7) of this
rule, a certified Ohio behavior analyst shall clarify with the individual
receiving services because of a third-party referral whether, and under what
conditions-including costs, information or feedback will be provided to the
individual, or the individual(s) responsible for the care of the individual
receiving those services.

(2)
Protecting
confidentiality of clients. In accordance with division (B) of section
4783.03 of the Revised Code, the
confidential relations and communications between a certified Ohio behavior
analyst and clients are placed under the same umbrella of a privilege as those
between physician and patient under division (B) of section
2317.02 of the Revised Code. The
privilege is intended to protect the interest of the client by encouraging free
disclosure to the certified Ohio behavior analyst and by preventing such free
disclosure to others. Thus, the client rather than the certified Ohio behavior
analyst holds and may assert the privilege.

(a)
A certified Ohio
behavior analyst shall not testify concerning a communication made to him/her
by a client. The certified Ohio behavior analyst may testify by express consent
of the client or legal guardian or, if the client is deceased, by the express
consent of the surviving spouse or the executor or administrator of the estate
of such deceased client. If the client voluntarily testifies, certified Ohio
behavior analysts may be compelled to testify on the same subject; or if the
client, the executor or administrator files a claim against the certified Ohio
behavior analyst, such filing shall constitute a waiver of this privilege with
regard to the care and treatment of which complaint is made.

(b)
Court decisions
construing the scope of the physician-patient privilege, pursuant to section
2317.02 of the Revised Code, are
applicable to this privilege between certified Ohio behavior analyst and the
client.

(c)
A certified Ohio behavior analyst may disclose
confidential information without the informed written consent of a client when
the certified Ohio behavior analyst judges that disclosure is necessary to
protect against a clear and substantial risk of imminent serious harm being
inflicted by the client on himself/herself or on another person. In such case,
the certified Ohio behavior analyst may disclose the confidential information
only to appropriate public authorities, the potential victim, professional
workers, and/or the family of the client.

(d)
A certified Ohio
behavior analyst shall safeguard the confidential information obtained in the
course of practice, teaching, research, or other professional duties. With the
exceptions as required or permitted by statute, a certified Ohio behavior
analyst shall disclose confidential information to others only with the
informed written consent of the client.

(e)
At the beginning
of a professional relationship a certified Ohio behavior analyst shall inform
his/her client of the legal limits of confidentiality. To the extent that the
client can understand, the certified Ohio behavior analyst shall inform a
client who is below the age of majority or who has a legal guardian of the
limit the law imposes on the right of confidentiality. When services are
provided to more than one patient or client during a joint session (for example
to a family or couple, or parent and child, or group), a certified Ohio
behavior analyst shall, at the beginning of the professional relationship,
clarify to all parties the limits of confidentiality.

(f)
A certified Ohio
behavior analyst may release confidential information upon court order or to
conform to state or federal laws, rules, or regulations.

(g)
A certified Ohio
behavior analyst shall comply with any relevant law concerning the reporting of
abuse of children or vulnerable adults.

(1)
Limits on practice: A certified Ohio behavior analyst provides services only
within the boundaries of his/her competence, based on education, training and
supervised experience. The practice of applied behavior analysis does not
include psychological testing, diagnosis of a mental or physical disorder,
neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis,
hypnotherapy, and long-term counseling as treatment modalities.

(2)
Maintaining
competence: A certified Ohio behavior analyst shall maintain current competency
in the areas in which he/she practices, through continuing education,
consultation and/or other training, in conformance with current standards of
scientific and professional knowledge.

(3)
Referrals. A
certified Ohio behavior analyst shall make or recommend referral to other
professional resources when such referral is in the best interests of the
client.

(a)
A certified Ohio
behavior analyst shall neither establish nor offer to establish a continuing
professional relationship with a client receiving behavior analysis services
from another professional, except with the knowledge of the other
professional.

(b)
A certified Ohio behavior analyst shall cooperate with
other professionals in order to serve his/her clients.

(2)
Use of fraud, misrepresentation, or deception. A
certified Ohio behavior analyst shall not use fraud, misrepresentation, or
deception in obtaining a certified Ohio behavior analyst certificate, in
engaging in any examination process required for certification, in assisting
another to obtain a certified Ohio behavior analyst certificate, in billing
clients or third-party payers, in providing applied behavior analysis services,
in reporting the results of those services, or in conducting any other activity
related to the practice of applied behavior analysis.

(1)
Aiding unauthorized practice. A certified Ohio
behavior analyst shall not aid or abet another person in misrepresenting
his/her professional credentials or in illegally engaging in the practice of
applied behavior analysis.

(2)
Delegating
professional responsibility. A certified Ohio behavior analyst shall not
delegate professional responsibilities to a person not qualified and/or not
appropriately credentialed to provide such services.

(3)
Providing
supervision. A certified Ohio behavior analyst shall exercise appropriate
supervision over supervisees, as set forth in the rules of the
board.

(4)
Reporting of violations to board. A certified Ohio
behavior analyst who has substantial reason to believe that another certified
Ohio behavior analyst or supervisee has committed an apparent violation of the
statutes or rules of the board that has substantially harmed or is likely to
substantially harm a person or organization shall so inform the board in
writing; however, when the information regarding such violation is obtained in
a professional relationship with a client, the certified Ohio behavior analyst
shall report it only with the written permission of the client. Under such
circumstances certified Ohio behavior analyst shall advise the client of the
name, address, and telephone number of the state board of psychology and of the
client's right to file a complaint. The certified Ohio behavior analyst shall
make reasonable efforts to guide and/or facilitate the client in the complaint
process as needed or requested by the client. Nothing in this rule shall
relieve a certified Ohio behavior analyst from the duty to file any report
required by applicable statutes.

(K)
Supervision
rules. Rules 4783-6-01 and 4783-6-02 of the Administrative Code, pertaining to
supervision of persons working directly under the authority and direction of
the certified Ohio behavior analyst, shall be considered as a part of these
rules of professional conduct.

At any time after the suspension or
revocation of a certificate, the state board of psychology may restore the
certificate upon the written finding by the board that circumstances so
warrant. The board may require mental, physical, or professional examination of
the applicant for restoration of the certificate before such
restoration.

(A)
In accordance
with section 4783.09 of the Revised Code,
after considering charges filed by the secretary and after providing a hearing
in accordance with Chapter 119. of the Revised Code, the board may refuse to
issue a certificate to any applicant, including any person whose certificate
was previously expired or revoked or suspended, or may issue a reprimand, or
suspend or revoke the certificate of any certified Ohio behavior analysts, on
any of the following grounds:

(1)
Conviction of a felony, or of any offense involving
moral turpitude, in a court of this or any other state or in a federal
court;

(2)
Using fraud or deceit in the procurement of the
certificate to practice applied behavior analysis or knowingly assisting
another in the procurement of such certificate through fraud or
deceit;

(3)
Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals without full
disclosure in advance to the consumer of the terms of such an
agreement;

(4)
Willful unauthorized communication of information
received in professional confidence;

(6)
Using any
controlled substance or alcoholic beverage to an extent that such use impairs
his/her ability to perform the work of a certified Ohio behavior analyst with
safety to the public;

(7)
Violating any rule of professional conduct promulgated
by the board;

(8)
Practicing in an area of applied behavior analysis for
which the person is clearly untrained or incompetent;

(9)
An adjudication
by a court, as provided in section
5122.301 of the Revised Code,
that the person is incompetent for the purpose of holding the certificate; Such
person may have his/her certificate issued or restored only upon determination
by a court that he/she is competent for the purpose of holding the certificate
and upon the decision by the board that such certificate be issued or restored.
The board may require examination on the laws and rules governing certified
Ohio behavior analysts and/or mental or physical evaluations, at the cost of
the prospective certificate holder, prior to such issuance or
restoration.

(10)
Waiving the payment of all or any part of a deductible
or copayment that a patient, pursuant to a health insurance or health care
policy, contract, or plan that covers applied behavior analysis services, would
otherwise be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from that
provider. However, no sanction will be imposed against any certificate holder
who waives deductibles and copayments in compliance with a health benefit plan
that expressly allows such a practice.

(11)
Advertising
that he/she will waive the payment of all or any part of a deductible or
copayment that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers applied behavioral analysis services, would
otherwise be required to pay.

(B)
Notice and
hearing requirements incident to the revocation, suspension, or refusal to
issue, reinstate, or renew a certified Ohio behavior analyst certificate, or
incident to the reprimand of a certificate, as described in paragraph (A) of
this rule, shall be in compliance with the provisions of Chapters 119. and
4732. of the Revised Code, including the following:

(1)
Notice of
opportunity. Notice shall be given to the certificate holder or applicant for
certification by certified mail of the right to a hearing on the question of
whether or not the certificate should be revoked, suspended, not reinstated, or
denied, or whether, if a certificate holder, he/she should be
reprimanded;

(2)
Charges. The notice shall include the charges or other
reasons for such proposed action, the law(s) and/or rule(s) directly involved,
and a statement informing the certificate holder or applicant for certification
that he/she is entitled to a hearing, if it is requested within thirty days
after the date of mailing the notice.

(3)
Representation.
The notice shall also inform the certificate holder or applicant for
certification that at the hearing he/she may appear in person, or be
represented by his/her attorney, or may present his/her position, arguments, or
contentions in writing and that at the hearing he/she may present evidence and
examine witnesses appearing for and against him/her;

(4)
Hearing date.
Whenever a certificate holder or applicant for certification requests a
hearing, the board shall immediately set the date, time, and place for such
hearing and forthwith notify the certificate holder or applicant for licensure
thereof. The date set for such hearing shall be within fifteen days, but not
earlier than seven days, after the certificate holder or applicant for
certification has requested a hearing, unless otherwise agreed to by both the
board and the certificate holder or applicant for certification. However, the
board may postpone or continue any adjudication hearing upon the application of
any party or upon its own motion;

(5)
Hearing. The
board may empower any one or more of its members to conduct any proceeding,
hearing, or investigation necessary to its purposes;

(6)
Appeal. Any
party adversely affected by any order of the board issued pursuant to an
adjudication hearing may appeal from the order of the board to the court of
common pleas of the county in which the place of business of the certificate
holder or applicant for certification is located or the county in which the
certificate holder or applicant for certification is a resident. If any such
party is not a resident of and has no place of business in Ohio, he/she may
appeal to the court of common pleas of Franklin county, Ohio. Any party
desiring to appeal shall file a notice of appeal with the board setting forth
the order appealed from and the grounds of the appeal. A copy of such notice of
appeal shall also be filed by appellant with the court. Such notices of appeal
shall be filed within fifteen days after the mailing of the notice of the
board's order.

(C)
If the board receives notice pursuant to section
2301.373 of the Revised Code, effective November 15, 1996, that an individual
is in default under a child support order, the board will refuse to issue or
renew a certificate for that individual and will suspend any current
certificate of that individual as required by that section. The board need
determine only that the individual named in the notice received pursuant to
section 2301.373 of the Revised Code is the same individual applying for
issuance or renewal of a certificate or holding a current certificate. The
procedures applicable to refusal to issue or renew a certificate or suspend a
certificate pursuant to section 2301.373 of the Revised Code shall be governed
only by that section and, therefore, are not subject to the procedures set
forth in Chapter 119. or section
4783.09 of the Revised Code, or
paragraphs (A) and/or (B) of this rule.

(a)
Any
representative of record may serve upon the opposing representative of record a
written request for a list of both the witnesses and the documents intended to
be introduced at hearing. All lists requested under this rule shall be
exchanged no later than seven days prior to the commencement of the
administrative hearing.

(b)
Failure without good cause to comply with paragraph
(A) of this rule may result in exclusion from the hearing of such testimony or
documents, upon motion of the representative to whom disclosure is
refused.

(a)
At any time
prior to hearing, the attorney hearing examiner or presiding board member may
direct participation by the representatives of record in a prehearing
conference. Such conference may be initiated by the attorney hearing examiner,
by the board, or upon motion of either representative.

(vi)
Discussion of any other matters tending to expedite
the proceedings.

(c)
All
representatives of record shall attend the prehearing conference fully prepared
to discuss the items enumerated in paragraph (B) of this rule.

(d)
Procedural
orders may be issued by the attorney hearing examiner or presiding board member
based upon information obtained at a prehearing conference.

(3)
Requirements for pre-hearing exchange of information. The hearing examiner or
presiding board member shall, upon written motion of any representative of a
party, issue an order setting forth a schedule by which the parties shall
exchange hearing exhibits, identify lay and expert witnesses and exchange
written reports from expert witnesses. Any written report by an expert required
to be exchanged shall set forth the opinions to which the expert will testify
and the bases for such opinions. The failure of a party to produce a written
report from an expert under the terms of the order shall result in the
exclusion of that expert's testimony at hearing. The failure of a party to
produce an exhibit under the terms of the order shall result in the exclusion
of that exhibit from evidence. The failure of a party to identify a lay or
expert witness under the terms of the order may result in the exclusion of that
witness' testimony at hearing.

(4)
Status
conference. With or without written motion from the representative of any
party, the attorney hearing examiner or presiding board member may convene a
status conference with representatives of the parties to address any matter
related to preparation for hearing or the conduct of a hearing. The hearing
examiner may issue such orders related to preparation for hearing and the
conduct of the hearing which in the judgment of the hearing examiner facilitate
the just and efficient disposition of the subject of the
hearing.

(a)
Upon written
motion of any representative of record, and upon service of that motion to all
other representatives, the attorney hearing examiner or presiding board member
may order that the testimony of a prospective witness be taken by deposition
under such conditions and terms as specified in the order and that any
designated books, papers, documents or tangible objects, not privileged, be
produced at the same time and place if it appears probable that:

(i)
The prospective
witness will be unavailable to attend or will be prevented from attending a
hearing; and

(iii)
The testimony of the prospective witness is necessary
in order to prevent a failure of justice. In the case of an expert witness, a
showing of the unavailability of the expert shall not be necessary for
consideration of the motion of a representative to take a
deposition.

(b)
The representatives shall agree to the time and place
for taking the deposition in lieu of live testimony. Depositions shall be
conducted in the same county in which the hearing is conducted unless otherwise
agreed to by the representatives. If the representatives are unable to agree,
the attorney hearing examiner or presiding board member shall set the time or
fix the place of deposition. At a deposition taken pursuant to this rule,
representatives shall have the right, as at hearing, to fully examine
witnesses. The attorney hearing examiner has the discretion to be present at
the deposition in lieu of testimony at hearing.

(c)
A deposition
taken under this rule shall be filed with the board not later than one day
prior to hearing, and may be offered into evidence at hearing by either
representative in lieu of the prospective witness' personal appearance. The
cost of preparing a transcript of any testimony taken by deposition in lieu of
live testimony which is offered as evidence at the hearing shall be borne by
the board. In the event of appeal, such costs shall be made a part of the cost
of the hearing record. The expense of any video deposition shall be borne by
the requestor.

(d)
Any deposition or transcript of prior testimony of a
witness may be used for the purpose of refreshing the recollection,
contradicting the testimony or impeaching the credibility of that witness. If
only a part of a deposition is offered into evidence by a representative, the
opposing representative may offer any other part. Nothing in this paragraph
shall be construed to permit the taking of depositions for purposes other than
those set forth in paragraph (A) of this rule.

(e)
A transcript of
testimony and exhibits from a prior proceeding may be introduced for any
purpose if that prior proceeding forms the basis for the allegations in the
current case. Upon offering part of a transcript or exhibit from a prior
proceeding, the offering representative may be required by the opposing
representative to present any other part of the offered item which should in
fairness be considered contemporaneously with it.

(6)
Prior action by
the board. The attorney hearing examiner or presiding board member shall admit
evidence of any prior action entered by the state board of psychology against
the respondent.

(7)
Stipulation of facts. Representatives of record may,
by stipulation, agree on any or all facts involved in proceedings before the
attorney hearing examiner or presiding board member. Thereafter the attorney
hearing examiner or presiding board member may require development of any fact
deemed necessary for just adjudication.

(b)
A witness may be
accompanied and advised by legal counsel. Participation by counsel for a
witness other than the respondent is limited to protection of that witness'
rights, and that legal counsel may neither examine nor cross-examine any
witnesses.

(c)
Should a witness refuse to answer a question ruled
proper at a hearing or disobey a subpoena, the board may institute contempt
proceedings pursuant to section
119.09 of the Revised
Code.

(d)
The presiding attorney hearing examiner or any board
member, because of his/her duties, shall not be a competent witness nor subject
to deposition in any adjudication proceeding. Unless the testimony of a board
member or an attorney hearing examiner is material to the factual allegations
set forth in the notice of opportunity for hearing, board members and attorney
hearing examiners shall not be competent witnesses nor subject to deposition in
any adjudication proceeding. Evidence from other persons relating to the mental
processes of the presiding attorney hearing examiner or board members shall not
be admissible.

(e)
Any representative of record may move for a separation
of witnesses, Expert witnesses shall not be separated.

(f)
Each
representative of record shall inform the attorney hearing examiner or
presiding board member prior to the commencement of a hearing of the identity
of each potential witness for his cause present in the hearing room. Failure to
so identify potential witnesses at this time may be grounds for their later
disqualification as witnesses.

(g)
No witnesses
shall be permitted to testify as to the nature, extent, or propriety of
disciplinary action to be taken by the board. A witness may, in the discretion
of the attorney hearing examiner or presiding board member, testify as to an
ultimate issue of fact.

(9)
Conviction of a
crime. A certified copy of a plea of guilty to or a judicial finding of guilt
of any crime in a court of competent jurisdiction is conclusive proof of the
commission of all of the elements of that crime.

(10)
The "Ohio Rules
of Evidence" may be taken into consideration by the board or its attorney
hearing examiner in determining the admissibility of evidence, but shall not be
controlling. The attorney hearing examiner or presiding board member may permit
the use of electronic or photographic means for the presentation of
evidence.